Monopolies -- United States; Railroads and state -- United States
But it is claimed that if the legislatures should by statute compel
railroad companies to reduce their stock to the cost of constructing
their roads, or to their actual value, and then limit their tariff of
charges to reasonable rates, great injustice would be done the innocent
holders of their bonds; that such reduction would render it impossible
for them to pay either the interest or principal of these bonds; that
such statutes would impair the obligations of contracts; that many of
the bonds are held by widows and orphans, who would be ruined. This may
or may not be true. If true, who is responsible for it? Certainly not
the states or the people. Originally the bonds were purchased of the
railroad companies. If these companies by false representations have
obtained credit on their roads to two or three times their actual value,
the companies are the responsible parties, and not the public. While
innocent persons may suffer, their suffering results from their own
imprudence, or it is a misfortune occasioned by the fraud of the
railroad company. There is no justice in allowing these companies to
extort from the people money sufficient to relieve themselves from the
consequences of their frauds. A owns a farm worth $2,000; he represents
it to be worth $6,000, and by reason of this false representation
obtains from B a loan of $4,000, secured by a mortgage on this farm. He
fails to pay the money borrowed, and B forecloses his mortgage, and
sells the farm. It pays but one-half his judgment or decree. Would B
have any claim upon the public for the balance of his debt? He made his
own contract, and expected a profit on his investment, but was
disappointed. Under the law A had full authority to mortgage his land,
and B had the option of loaning his money to A and taking a mortgage. He
acted in good faith, and believed his security was ample, but was
mistaken. Is there any difference in principle between the case of A and
B and the purchasers of railroad bonds? Both parties will suffer loss
because of the fraud of the party with whom they dealt. Neither have any
claim upon the public in law or in equity, and both must look to the
parties with whom they contracted. The charters to railroad companies
empowered them to transact business, but did not empower them to commit
frauds, by mortgaging their roads for three times their actual value. To
require railroad companies to act honestly and charge reasonable rates
for carrying freights, does not impair the obligations of any contract.
Nor does it, to compel them to reduce their stock to what it actually
should be, measured by the value of their roads. The legislature should
be composed of men who are not embarrassed by personal interest, and who
have not received bribes. We do not claim that because of the fact that
men are stockholders or directors in railroad companies they are
disqualified for seats in the legislatures of states, or of congress.
Public-domain text, read in full here on John Shaqi.
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